City of Port Washington, Wisconsin - Minutes

Tuesday, December 17, 2002

A duly convened meeting of the Common Council was called to order at 7:45 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, Director of Planning & Development Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-December 3, 2002

Consider Original Operator’s License Applications-Angela C. White, Sandy H. Disch and Valerie R. Arrowood

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCLUDING THE OPERATOR’S LICENSE APPLICATION FOR ANGELA WHITE. Motion carried unanimously.

MAYOR’S BUSINESS

Mayor Gottlieb expressed his appreciation to the staff in setting up the Appreciation Dinner, which was held on Sunday, December 15th, and also wished the Council, and staff a Merry Christmas and Happy New Year.

OFFICERS REPORTS

Election Nomination Papers Deadline-City Administrator Grams reported that the last day to file nomination papers for Mayor and Aldermen in the 1^st, 3^rd, 5^th, and 7^th Districts is 5:00 p.m., on Tuesday, January 7, 2003.

PUBLIC COMMENTS/APPEARANCES-Rick Nelson,1432 Noridge Trail-Is disappointed with the PSC’s decision to not accept a key component in the agreement drawn up between the City of Port Washington and WE Energies in which WE Energies would compensate the City $500,000 over the next 25 years. Basically this says that two people are going to dictate what the City is going to be doing with the Power Plant over the next 70 to 100 years. Would urge the City to go back to the PSC and say this is totally unacceptable and would stand behind anything that could be done to turn this thing around. John Kuchar, 1478 Noridge Trail-Would like to second what Rick Nelson brought up. Is still not in favor of a power plant, but understands the economics of it being located here. The City Council should signature a document to the PSC to let them know their decision is not acceptable.

COMMITTEES

Finance and License Committee

1. Consider City Liability Insurance Proposals-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE THE PROPOSAL OF THE LEAGUE OF WISCONSIN MUNICIPALITIES AS THE CITY’S LIABILITY INSURANCE AND INCREASE THE DEDUCTIBLE TO $1,000 FOR THE STATE PROPERTY INSURANCE PROGRAM. Motion carried unanimously.

2. Resolution 2002-20 (Participation In The Wisconsin Length Of Service Award Program)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-20. Motion carried unanimously.

3. Review Park & Recreation Program Fees For 2003-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PARK & RECREATION PROGRAM FEES FOR 2003 AS PRESENTED. Motion carried unanimously.

4. Co-Payment Of Health Insurance Premiums For Non-Represented Employees-Tabled.

5. Wisconsin Retirement System Unfunded Services Liability-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO TABLE. Motion carried unanimously.

BOARDS/COMMISSIONS

Board of Public Works

1. Consider Request From Beanies Restaurant, 100-102 E. Grand Ave., For Use Of Public Sidewalk For Tables-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE REQUEST FROM BEANIES RESTAURANT FOR THE USE OF PUBLIC SIDEWALK FOR TABLES. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO AMEND THE MOTION PROHIBITING USE OF PUBLIC SIDEWALK FOR TABLES DURING PARADES. 2 ayes; 5 nays (Voigt, Schwanz, Babcock, Hudson, Leicht) Motion defeated. Original motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS

OTHER MATTERS AS ALLOWED BY LAW-Alderman Voigt-Merry Christmas and Happy New Year; Alderman Matthews-Echo Alderman Voigt’s comment; Alderman Schwanz-Happy Holidays; Alderman Babcock-Extremely disappointed with PSC’s decision with the power plant, wish everyone a Merry Christmas; Alderman Hudson-Happy Holidays-encourage people to write government officials regarding PSC’s decision; Alderman Jushka-Happy Holidays; Alderman Leicht-There is a dangerous traffic situation on Jefferson St. at crossing of Stanford and Benjamin Streets. This should be reviewed by the Traffic Safety Committee for stop signs-The large Christmas wreath on the front of City Hall was donated to the City by Voller, Inc.-Thanks for the donation-Merry Christmas and a prosperous New Year.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (g) to confer with legal counsel in regards to litigation the City may become involved in. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open Meeting adjourned at 8:22 p.m.

Reconvene Into Open Session-The meeting was reconvened into Open Session at 8:59 p.m.

Authorization To Appeal PSC Decision-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT THAT THE COMMON COUNCIL AUTHORIZE THE CITY OF PORT WASHINGTON’S LEGAL COUNSEL TO PROCEED AT THE APPLICABLE TIME WITH A PETITION FOR REHEARING AND ADMINISTRATIVE OR JUDICIAL REVIEW OF THE DECISION OF THE WISCONSIN PUBLIC SERVICE COMMISSION DENYING THE ANNUAL MITIGATION PAYMENTS PREVIOUSLY AGREED UPON BY AND BETWEEN WEPCO/WE ENERGIES AND THE CITY, AS COMPENSATION FOR THE EFFECTS OF THE PROPOSED CONVERSION OF THE EXISTING PORT WASHINGTON POWER PLANT FROM A COAL-FIRED FACILITY TO A NATURAL GAS-FIRED FACILITY. Motion carried unanimously.

MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:02 P.M. Motion carried unanimously.

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Tuesday, December 3, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, Director of Planning & Development Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meetings-November 19 and November 25

Consider Original Operator’s License Applications-Angela C. White

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCLUDING THE OPERATOR’S LICENSE APPLICATION FOR ANGELA WHITE. Motion carried unanimously.

MAYOR’S BUSINESS

Resolution 2002-18 (Recognition Of Past Board/Commission Members)-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE RESOLUTION 2002-18. Motion carried unanimously.

OFFICERS REPORTS

PSC Ruling On WE Energies Power Plant Renovation Project-City Administrator Grams reported that the PSC has not ruled on the "Power the Future" project submitted by WE Energies. There is a meeting scheduled for Thursday, December 5^th at 1:30 p.m. where an oral decision will be made at that time.

Update On Projects-LL Project-Payne & Dolan finished the remaining asphalt paving at Parknoll Lane, as well as driveways to businesses. Briarwood Storm Sewer-Everything is completed except the seeding which will be done in spring.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Resolution 2002-19 (Charge Off Uncollectable Accounts)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-19. Motion carried unanimously.

2. Consider 2003 Fire Service Contract With Town Of Port Washington-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE 2003 FIRE SERVICES CONTRACT WITH THE TOWN OF PORT WASHINGTON. Motion carried unanimously.

3. Request For Reimbursement For Water Utility Special Assessments-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO REIMBURSE MR. AND MRS. DAN MASTERS FOR WATER UTILITY SPECIAL ASSESSMENTS. 6 ayes, 1 nay (Harold Matthews) Motion carried.

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

Ordinance2002-17 (Amend Sewer Utility Rates) 2^nd Reading-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2002-17. Motion carried unanimously.

Ordinance 2002-18 (Parking Restrictions On S. Spring St.) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2002-18. Motion carried unanimously.

Ordinance 2002-19 (Amend Zoning Code To Allow Front Setback Averaging) 2^nd Reading-MOTION BY ALDERMAN VOIGT, SECOND BY ALERMAN SCHWANZ TO APPROVE ORDINANCE 2002-19. Motion carried unanimously.

NEW BUSINESS

Consider Amended Agreement For The Operation Of The Mid-Moraine-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE AMENDED MID-MORAINE MUNICIPAL COURT AGREEMENT WHICH INCLUDES THE CITY OF CEDARBURG AS PART OF THE MID-MORAINE MUNICIPAL COURT. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Babcock-The City’s Christmas Parade was very well done. City Administrator Grams-Property tax bills will be mailed out next Monday or Tuesday.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 7:45 P.M. Motion carried unanimously.

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Tuesday, November 19, 2002

CONSENT AGENDA

Approve Minutes of the Previous Meetings-November 6, 2002

Consider Original Operator’s License Applications-Trent M. Burmesch, Joel T. Morgan, Angela C. White, Laurie J. Wegmann, Allen G. Esselmann, James A. Goll, Tonia M. Micale, Anne M. Richmond, Michelle L. Woosley and Julie A. Zahn.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCEPT TO TABLE THE OPERATOR’S LICENSE APPLICATIONS FOR JOEL T. MORGAN AND ANGELA C. WHITE. Motion carried unanimously.

MAYOR’S BUSINESS

Mayor Gottlieb congratulated Kevin Boehle for attaining the rank of Eagle Scout.

OFFICERS REPORTS

Special Council Meeting November 25 (2003 Budget Public Hearing)-City Administrator Grams reported that there will be a Special City Council Meeting on Monday, November 25^th, at 7:00 p.m. for the public hearing for the 2003 City Budgets and to approve the tax levy.

Circulation Of Nomination Papers-City Administrator Grams reported that the process to begin the circulation of nomination papers is December 1^st and the deadline to return them to the City Clerk’s office is Tuesday, January 7^th. Also, the deadline for incumbents to file for non-candidacy is December 27^th. Offices up for election are the Mayor and the 1^st, 3^rd, 5^th, and 7^th Aldermanic Districts.

Update On Projects-Bill Goat Hill-The street and alley are complete with the exception of seeding. County Trunk LL-Surfaced except intersection at Parknoll Lane and driveway approaches to businesses and the Park & Ride Lot. Briarwood Storm Sewer-Complete with paving being done by Payne & Dolan. Spring Street Project-Awarded the concrete project of the year for District 2.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Ordinance 2002-17 (Amend Sewer Utility Rates) 1^st Reading-WWTP Superintendent Joe Mueller reviewed reasons for the proposed 2003 sewer utility rate increase and answered questions from the Council.

2. Resolution 2002-15 (Authorizing the Issuance and Sale of $6,920,000 Sewer System Revenue Bonds)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2002-15. Motion carried unanimously.

3. Resolution 2002-16 (Issuance of $225,000 Short Term Note With Ozaukee Bank for Sewer Utility)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-16. Motion carried unanimously.

4. Consider Renewal of License Agreement With 1^st Congregational Church-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE RENEWAL OF THE LICENSE AGREEMENT WITH THE 1^ST CONGREGATIONAL CHURCH TO ALLOW THEM TO SELL CHRISTMAS TREES ON CITY PROPERTY NEAR THE CORNER OF WEBSTER ST. AND GRAND AVE. Motion carried unanimously.

5. Consider Audit Contract With Virchow Krause-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE A 3-YEAR AGREEMENT WITH VIRCHOW KRAUSE FOR CITY AUDIT SERVICES. Motion carried unanimously.

6. Consider Agreement Between City and School District in Regards to the Transfer of City Property-City Administrator Grams reported that the School District’s attorney is reviewing the agreement at this time and there are still a few items that need to be clarified before the agreement is approved.

7. Review Health Insurance Proposals-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE THE HEALTH INSURANCE PROPOSAL FROM HEP WITH AN INCREASE TO $40,000 DEDUCTIBLE. Motion carried unanimously.

BOARDS/COMMISSIONS

Board of Public Works

1. Consider Change Order For Maritime Dr. Project-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HUDSON TO APPROVE THE CHANGE ORDER FOR MARITIME DRIVE TO ADD $4,073.50 TO THE CONTRACT. Motion carried unanimously.

2. Consider Change Order No. 2 For 2002 Water Main Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE CHANGE ORDER NO. 2 TO ADD $8,326,76 TO THE CONTRACT FOR THE 2002 WATER MAIN PROJECT. Motion carried unanimously.

3. Ordinance 2002-18 (Parking Restriction On S. Spring St.) 1^st Reading The Board of Public Works approved the recommendation of City staff that Spring Street be posted for "No Parking" on both sides of the street, south of 3^rd Ave. to the City limits.

4. Consider Change Order No. 1 For Seven Hills Rd. Project-MOTION BY ALDERMAN HUDSON, SECONDE BY ALDERMAN SCHWANZ TO APPROVE CHANGE ORDER NO. 1 FOR THE SEVEN HILLS ROAD PROJECT TO ADD $175.95 TO THE CONTRACT. Motion carried unanimously.

Plan Commission

5. Public Hearing To Amend Conditional Use Grant At 925 S. Spring St.-Mayor Gottlieb declared open the public hearing. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

3. Consider Amendment To Conditional Use Grant At 925 S. Spring St.-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE GRANT AT 925 S. SPRING ST. TO ALLOW THE OWNER TO RENT MOVING TRUCKS/VEHICLES CONTINGENT UPON CONDITIONS AS LISTED IN THE CUG. Motion carried unanimously.

6. Public Hearing To Amend City Zoning Code To Allow Front Setback Averaging-Mayor Gottlieb declared open the public hearing. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

4. Ordinance 2002-19 (Amend Zoning Code To Allow Front Setback Averaging) 1^st Reading

UNFINISHED BUSINESS

NEW BUSINESS

Approve Street Closing For BID-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE CLOSING A PORTION OF E. MAIN ST. FROM WISCONSIN AVENUE TO THE INTERSECTION OF FRANKLIN ST. FOR THE PURPOSE OF HOSTING CHRISTMAS ON THE CORNER, SATURDAY, DECEMBER 7^TH, FROM 1:00 P.M. TO 9:00 P.M. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Babcock-Maritime Dr. is a nice road and a good way to get into the City. Alderman Jushka-Happy Thanksgiving.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN SCHWANZ TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:33 P.M. Motion carried unanimously.

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Tuesday, November 6, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, and Director of Planning & Development Randy Tetzlaff. Absent & excused was City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meetings-October 15, 2002 & October 17, 2002

Consider Original Operator’s License Applications-Leah A. Johnson, Anthony J. Lanza, Catherine K. Lemens, Joseph C. Banks and Michelle C. Molitor

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

Appointment to Harbor Commission-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE THE MAYOR’S APPOINTMENT OF RALPH HESS TO THE HARBOR COMMISSION. Motion carried unanimously.

OFFICERS REPORTS

Public Hearing To Review 2003 City Budget-City Administrator Grams reported that the date of the public hearing for the 2003 City Budget has been moved to Monday, November 25^th at 7:00 p.m.

Update on Projects-CTH and Wisconsin St.-final surface to be paved on Friday, weather permitting. Bike Path-scheduled to be paved next week. Topsoil and seeding should be done the week following paving. Briarwood Storm Sewer-Advance Construction is scheduled to begin work tomorrow and finish by November 22^nd. Maritime Dr.-Union Pacific Rail Road will install warning devices and gates next week.

City Administrator Grams gave a report on the election statistics for the November 5^th General Election

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Review Proposed 2003 City Budgets-Alderman Hudson reviewed several items on the proposed 2003 City Budgets. City Administrator Grams reviewed some of the Capital Improvement Projects. Alderman Schwanz commented that the City should consider budgeting for maintenance of stairs, specifically the Jackson St. stairs, in order to keep them upgraded and safe.

2. Consider Change Orders For City Hall Renovation Project-City Administrator Grams pointed out some items under question in the change order - #12 Level Floor in Room 106 (Reception Area in Engineering). The additional cost is questionable. #13 Credit for Stone. The amount of credit should be higher. #7 Provide Seven New Doors. Check to see if change order has been previously approved. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CHANGE ORDERS FOR THE CITY HALL RENOVATION PROJECT CONTINGENT UPON VERIFICATION OF SAID ITEMS IN QUESTION. Motion carried unanimously.

3. Consider Submission Of Coastal Management Grant Application-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMANSCHWANZ TO APPROVE SUBMITTING A COASTAL MANAGEMENT GRANT APPLICATION ON BEHALF OF THE MARITIME HERITAGE CENTER FOR APPROVAL OF FUNDING FOR AN OUTDOOR MUSEUM EXHIBIT ALONG THE NORTH SLIP WALKWAY. Motion carried unanimously.

4. Collection Of Property Taxes-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PROCEDURES AS RECOMMENDED BY THE CITY TREASURER FOR COLLECTING PROPERTY TAXES. Motion carried unanimously.

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

A. Ordinance 2002-15 (Requirement Of Protective Helmets) 2^nd Reading-The City Attorney reported that he made two changes to the proposed ordinance – Under 8.12.010 Protective Helmets. 1., Insert the words, or other public grounds after public right-of-way, and after the words, control of the City, add – at a public skate board recreation facility - Delete the words, located along Moore Road and adjacent to the City Yard. The rest of the sentence to remain as is. Mayor Gottlieb then asked for public comments from the audience.

Vince Anewenter, 131 E. Dodge St.-Asked why the original ordinance was adopted? Mayor Gottlieb said that the original ordinance was adopted in response to a group of local citizens who came to the Council and recommended that we have an ordinance requiring children to wear protective headgear to prevent head injuries. They provided data indicating that if helmet use were voluntary, only 20%-25% would wear helmets. If you had an ordinance, 80% would wear helmets. Use of protective helmets was a big public safety issue and an effective way to prevent head injuries. Mr. Anewenter asked why the ordinance doesn’t apply to all ages? Mayor Gottlieb said that the Council had considerable discussions when they adopted the first ordinance and it was a policy decision that the Council made at that time. Tom Bosworth, 416 W. Chestnut St.-When did we take power away from parents? Requiring children to wear helmets should be a parental decision. Sue Bruner, 516 N. Powers St.-Commended City for supporting skateboard park. The proposed ordinance is not the role of government. Enforcement is the role of parents. Dr. Doug McManus, 308 E. Whitefish Rd.-Commend Council on a good decision on the proposed helmet law. There are many more injuries with skateboards and roller blades than bicycles. Lori MacRae, 238 Hales Tr.-Pleased with skateboard park. Kids don’t make decisions like adults. This is a safety issue for children, just like wearing seat belts and the law for immunizing children. Cassie McManus, 1110 Nelson Dr.-Have been pushing this issue for many years. The same arguments came up when we passed the bike helmet ordinance. We did prove a negative. We have a lot more skateboarders and roller bladders than we did before. Appreciate the help of the City to reinforce the helmet law. Kids should be protected on the way to the park as well. TimVoeller, 444 W. Michigan St.-Was on the Council when the original bike helmet ordinance was passed and supported it. Would like to see an amendment to the proposed ordinance that children in coasters should not be required to wear a helmet. Cassie McManus-Indicated that two pediatricians who wanted to address the Council could not be present at tonight’s meeting. However, they wanted to inform the Council that the American Academy of Pediatrics, Wisconsin Division, support our efforts in passing the proposed ordinance.

MOTION BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2002-15 AS AMENDED BY THE CITY ATTORNEY. Motion fails for lack of a second. Alderman Leicht does not agree with the proposed ordinance as written. MOTION BY ALDERMAN LEICHT TO leave the helmet ordinance alone as it reads now and incorporating into it the skateboard park facility(s) mandating that the people in the skateboard park wear helmets regardless of what equipment that they are using, and to exclude coasters. SECOND BY ALDERMAN MATTHEWS. The Mayor recessed the Council for 5 minutes so the City Attorney could reword the ordinance as requested by Alderman Leicht.

(Mayor Gottlieb went ahead with the other items on the agenda at this time.)

Ordinance 2002-14 (Installation of Stop And Yield Signs At Various Street Intersections) 2^nd Reading-MOTINBY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2002-14. Motion carried unanimously.

Ordinance 2002-16 (Parking And Loading Zone Restrictions On Wisconsin St.) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2002-16. Motion carried unanimously.

Ordinance 2002-13 (Penalty For Duplicating Marina Parking Passes) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2002-13. Motion carried unanimously.

NEW BUSINESS

Proposed Site Investigation By Northern Environmental At City Garage-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE PROPOSED SITE INVESTIGATION BY NORTHERN ENVIRONMENTAL FOR $7,450 WITH FUNDS TO BE TAKEN FROM THE CONTINGENCY FUND. Motion carried unanimously.

Discuss Development Of City Property South Of Highway 33 (Former Schanen Farm)-Mayor Gottlieb asked input and direction from the Council. Alderman Babcock-Wait until we see what the PSC approves for WEPCO and see if we have funds coming into the City. Would help decide better what to do with the land. Alderman Hudson-Concur with Alderman Babcock. Sit on it awhile. Keep high goal for recreational purposes. Alderman Jushka-Would like to see something on paper – has no problem with some green space reserved for park and an area for development of condos. Alderman Schwanz-Keep a certain amount of green space, as well as residential. Alderman Voigt-Park and Rec would like to have a community park, but there are some drawbacks with the site. There may be a possibility of a trade for better land. Recommend that we keep part along the road as a green space area. Randy Tetzlaff, City Planner-Has a concern with the timing. We need to amend the land use plan and look at a sewer service plan amendment. Start talking to Saukville and then decide later how we want to develop. Alderman Matthews-In the present situation we have a problem with a shortage of baseball diamonds and a regulation size soccer field that the high school could use. These two items could be pared together and put on the property along with green space. We could hold the land in the City bank until some 20 years from now and then decide what to do with it. Should not make a decision right now.

Mayor Gottlieb felt the general consensus of the Council was to authorize the City Planner and staff to (1) start talking to Saukville about the possibility of a change in the sewer service area and (2) let the City Planner start to explore a possible land use plan amendment to be taken to the Plan Commission that would have a mix of park land and development.

9. UNFINISHED BUSINESS (Continued)

Ordinance 2002-15 (Requirement Of Protective Helmets) 2^nd Reading-The City Attorney reworded the proposed ordinance. It does not change the original helmet ordinance. Another section, 1.A., was inserted into the existing ordinance. MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2002-15 AS AMENDED BY THE CITY ATTORNEY. 6 ayes, 1 nay (Alderman Schwanz) Motion carried.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Voigt-Would like to see someone propose a mural in the space behind the Mayor’s seat.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (g) to confer with legal counsel who is rendering oral or written advice concerning strategy to be adopted concerning possible litigation that the City may become involved in. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

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Tuesday, October 15, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-October 1, 2002

Consider Original Operator’s License Applications-Jami L. Neumann, Joan B. Nigrelli, Jamie L. Schmid, Richard A. Ranz and Halayna Panyak

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

A. Mayor Gottlieb reminded everyone that this week is "Red Ribbon Week" in Ozaukee County and we should encourage our young people to choose healthful life styles and alternatives to abusive drugs, alcohol and other bad substances.

OFFICERS REPORTS

City Administrator Grams reported that the next Mid-Moraine Dinner Meeting is scheduled for Wednesday, October 23^rd, hosted by the Village of Thiensville and held at Alpine Village.

There will be a Special City Council Meeting held on Thursday, October 17^th at 6:45 p.m. before the Plan Commission Meeting to review bids for the Noridge Trail/Briarwood Lane Storm Sewer Project.

Please take note that because the Fall General Election is on November 5^th, the next City Council Meeting will be held on Wednesday, November 6^th.

Update on Projects-County Tk LL-Fine grading on base course in roadway and bike path is being done this week. Wisconsin Street-Sidewalks will be formed for paving.

PUBLIC COMMENTS/APPEARANCES-Cassie McManus, 1110 Nelson Dr.-Support ordinance drafted requiring children to wear helmets. Lori MacRae, 238 Hales Tr.-Agree with Cassie’s comments. We have a wonderful facility at the skate park and this ordinance is another tool to encourage teenagers to be safer. Kymber McCutcheon, 1203 Nelson Dr.-She is a nurse for the School District and agrees with the need for head protection.

COMMITTEES

Finance and License Committee

1. Review Report On Refinancing Sewer Utility Debt-MOTIONBY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO ACCEPT THE REPORT BY RAY OSNESS ON REFINANCING THE SEWER UTILITY DEBT. Motion carried unanimously.

2. Deny Claim of Mr. Wallace Wilson-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO DENY THE CLAIM OF MR. WALLACE WILSON. Motion carried unanimously.

3. Resolution 2002-14 (Final Resolution For Levying Special Assessments Against Benefited Property Owners In Port Washington For The N. Wisconsin St. And Seven Hills Road Projects)-City Engineer Rob Vanden Noven pointed out that there was one change in the final engineer’s report of property owners being assessed. Alderman Babcock opposes the method of assessing property owners and feels the method should be one that is more fair and equitable. MTOION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-14 AS AMENDED. 4 ayes, 3 nays (Aldermen Matthews, Schwanz and Babcock). Motion carried.

Traffic Safety Committee

4. Ordinance 2002-14 (Installation of Stop and Yield Signs at Various Street Intersections) 1^st Reading

5. Ordinance 2002-16 (Parking and Loading Zone Restrictions on South Wisconsin Street) 1^st Reading

BOARDS/COMMISSIONS

Board of Public Works

1. Request From A Town Property Owner To Connect Into City Water System-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE CONNECTION INTO THE WATER MAIN AND ENTER INTO A PRE-ANNEXATION AGREEMENT WITH THE PROPERTY OWNER THAT WOULD REQUIRE HIM TO ANNEX INTO THE CITY WITHIN THE NEXT ONE TO TWO YEARS. Motion carried unanimously.

Harbor Commission

2. Approve 2003 Slip Rental Rates-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE 2003 SLIP RENTAL RATES AS PRESENTED. Motion carried unanimously.

3. Ordinance 2002-13 (Penalty For Duplicating Marina Parking Passes) 1^st Reading

Plan Commission

4. Public Hearing For Conditional Use Grant At 1521 West Second Avenue To Approve License Group Home-Mayor Gottlieb declared open the public hearing. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

5. Consider Conditional Use Grant For 1521 West Second Avenue-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONDITIONAL USE GRANT FOR ELLEN’S HOME TO EXPAND A STATE LICENSED GROUP FROM TWELVE ELDERLY RESIDENTS TO SIXTEEN ELDERLY RESIDENTS. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2002-12 (Rules and Regulations for Governing Bike Trail) 2^nd Reading-City Attorney Eberhardt pointed out that he made one amendment to the ordinance on Page 2, (C) (1) (b)-change to say "protective" helmets. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE ORDINANCE 2002-12 AS AMENDED. Motion carried unanimously.

NEW BUSINESS

Ordinance 2002-15 (Requirement of Protective Helmets) 1^st Reading

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES-Russ MacRae-Police follow him when skateboarding. He said that if ordinance is passed requiring skateboarders to wear protective headgear, he doesn’t want police watching more intently.

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:20 P.M. Motion carried unanimously.

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Tuesday, October 1, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, and Karl Leicht. Absent and excused was Alderman Jushka. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-September 17, 2002

Consider Original Operator’s License Applications-Blake J. Cieszynski, Thomas A. Van Treeck and Jason J. Corgiat

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

Appointment to Library Board-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE APPOINTMENT OF ROBERT BRETL TO THE LIBRARY BOARD. Motion carried unanimously.

Halloween "Trick-or-Treat" Date-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN HUDSON TO APPROVE OCTOBER 27^TH FROM 4:00 P.M. TO 7:00 P.M. AS "TRICK-OR-TREAT" DAY IN THE CITY OF PORT WASHINGTON. Motion carried unanimously.

OFFICERS REPORTS

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Consider Submission of Grant Application for the Shared Ride Taxi Program-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE SUBMISSION OF THE GRANT APPLICATION TO THE DOT FOR THE CITY’S SHARED RIDE TAXI PROGRAM. Motion carried unanimously.

2. Consider Assessor’s Contract for 2003-2004-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE ASSESSOR’S CONTRACT WITH MATTHIES ASSESSMENTS, INC. FOR 2003-2004. Motion carried unanimously.

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

NEW BUSINESS

Approve High School Homecoming Bonfire and Closing a Portion of Grand Avenue and Franklin St. for the Homecoming Parade-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE HOMECOMING BONFIRE FOR PORT WASHINGTON HIGH SCHOOL FOR THURSDAY, OCTOBER 3^RD AND TO APPROVE CLOSING A PORTION OF GRAND AVENUE AND FRANKLIN STREET FOR THE ANNUAL HOMECOMING PARADE AT 4:00 P.M. Motion carried unanimously.

Ordinance 2002-12 (Rules and Regulations Governing Bike Trail) 1^st Reading

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES

MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 7:55 P.M. Motion carried unanimously.

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Tuesday, September 17, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Absent and excused was Alderman Matthews. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-September 3, 2002

Consider Original Operator’s License Applications-Michelle R. Sievert, Noreen M. Hansen and Curtis C. Ortmeier

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

Mayor Gottlieb thanked everyone for their support and encouragement during his recent campaign and he is looking forward to representing the 60^th District.

Mayor Gottlieb extended his appreciation to the Ozaukee County Clergy Association and the Port Washington Police and Fire Departments for putting on the September 11^th remembrance ceremony at the Port Washington High School. It was very well run and an opportunity for our community to remember the events of one year ago.

OFFICERS REPORTS

City Administrator Grams reported that the dedication for the Ozaukee Interurban Trail will be held on Saturday, September 28^th from Noon – 3:00 p.m. at the Ozaukee Justice Center, and also the City of Port Washington will have a dedication for the bike trail at 10:00 a.m. at the old lift station.

Update on Projects-County Highway LL-Ahead of schedule. Wisconsin Street-Work began yesterday; pavement was removed and earthwork should be completed by the end of this week, followed by curb and gutter. Fish Cleaning Station-Landscaping is going in-should be operational by end of the week.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Consider Development Agreement Between The City And WE Energies-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND WE ENERGIES FOR WISCONSIN ENERGY TO CONVERT A COAL-FIRED FACILITY TO NATURAL GAS. Motion carried unanimously.

2. Resolution 2002-13 (Issuance And Sale Of $980,0000 General Obligation Promissory Notes For Water Utility Projects)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-13. Motion carried unanimously.

BOARDS/COMMISSIONS

Plan Commission

1. Public Hearing To Consider Conditional Use Grant To Permit Conversion Of The Power Plant At 146 S. Wisconsin St. To Natural Gas By WE Energies-The Mayor opened the public hearing. Mr. Randy Tetzlaff, Director of Planning and Development read the points that are part of the Conditional Use Grant which have been resolved between City staff and representatives of WE Energies. Mr. Tetzlaff indicated that in reference 7. j. – verifying that the cool water discharge from the power plant premises would not impede on the safe recreational use of the West Slip, a clause was added that states that any impact caused by such discharge would be at WE Energies expense. At this point, Mr. Thomas Fehring, Vice President and general manager of WE Power gave a short presentation. Mayor Gottlieb read a letter into the record for the public hearing that he received from Bernice Beer, 208 W. Chestnut St. She stated that she was unable to attend the public hearing but has some personal concerns about the renovation of the power plant. Her concerns deal with the danger of high-pressure gas lines, construction that residents have to put up with for many years, noise associated with the new plant, and feels the coal dock is not a pleasant place for a park.

Mr. Joel Haubrich, spokesman for WE Energies, indicated that there were many benefits of the new plant, which include access to the south beach, a quieter plant, extensive landscaping, increased power production and lower emissions and increased revenue to the City over the years. Kathy Tucker-214 W. Chestnut St.-Construction and changes in the power plant already seem to be taking place. Mayor Gottlieb commented that this is the second conditional use grant. The first conditional use grant gave approval of the preparatory work for the conversion. WE Energies still needs approval from the City and from the PSC for the conversion of the present plant from coal to natural gas. John Tucker-214 W. Chestnut St.-Asked if WE Energies is not granted approval, would the towers still be refurbished? Mr. Haubrich said that all transmission towers are owned by a separate company and are part of another project for demolition. Mr. Tucker asked what benefit this project would be for our community? Mr. Haubrich answered that WE Energies would take a 1930’s coal plant and turn it into a more modern, better looking gas plant which will provide more power, the operation would be quieter, extensive landscaping would be done and burning gas is much cleaner than coal. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Consider Conditional Use Grant By WE Energies To Convert Power

Plant To Natural Gas-City Attorney Eberhardt pointed out that he added the following language to 7. j. in the Conditional Use Grant draft – "at WE Energies expense". However, since WE Energies was not adding any new or extensive flows, he felt that these words should be eliminated. It was pointed out that the language in the conditional use grant refers to We Power and We Energies. The reason is to separate responsibilities that will be borne by We Power (owner and builder) and We Energies (operation of the facility). MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONDITIONAL USE GRANT BY WE ENERGIES TO CONVERT THE POWER PLANT TO NATURAL GAS. Motion carried unanimously.

Board of Public Works

3. Consider Approval Of Design For Storm Sewer On Noridge Trail & Briarwood Lane-City Engineer Rob Vanden Noven presented information graphically for the proposed storm sewer design on Noridge Trail and Briarwood Lane. MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE THE DESIGN FOR STORM SEWER ON NORIDGE TRAIL & BRIARWOOD LANE. Motion carried unanimously.

4. Approve Change Order For Fish Cleaning Station Project-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN VOIGT TO APPROVE THE CHANGE ORDER TO REMOVE THE FOUNDATION FOR THE FISH CLEANING STATION AND REST ROOM. Motion carried unanimously.

5. Consider Amendment To Agreement With Bonestroo And Associates For the 2001-2002 Water System Projects-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE THE AMENDMENT TO THE AGREEMENT WITH BONESTROO AND ASSOCIATES FOR THE 2001-2002 WATER SYSTEM PROJECTS. Motion carried unanimously.

6. Consider Agreement With Bonestroo And Associates For Analysis Of Webster St. Storm Sewer Project-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE AGREEMENT WITH BONESTROO AND ASSOCIATES FOR ANALYSIS OF WEBSTER ST. STORM SEWER PROJECT. Motion carried unanimously.

7. Hire S-F Analytical Laboratories For Effluent Toxicity Testing-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE HIRING OF S-F ANALYTICAL LABORATORIES FOR EFFLUENT TOXICITY TESTING. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2002-10 (Amend City Code To Eliminate Permit Fee For Sidewalk Replacement) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE ORDINANCE 2002-10. It was recommended that the words "replacing or repairing" be added to the first sentence and "replaces or repairs" to the last sentence of the proposed amendment. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE ORDINANCE 2002-10 AS AMENDED. Motion carried unanimously.

Ordinance 2002-11 (Amend Municipal Code To Require Bicyclists To Wear Helmets At Skateboard Or recreational Areas) 2^nd Reading-Cassie McManus, 1110 Nelson Dr.-Consider amending the proposed ordinance to read that all users of the Skateboard Park should be required to wear protective head gear. City Attorney Eberhardt recommended that the ordinance be redone and have one ordinance for helmets for bicyclists city-wide or at other locations where helmets are required and one ordinance where helmets are required for persons operating, what is called under the law, "play vehicles" – that include skates, skateboards, scooters at the skateboard park location. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2002-11. 3-ayes, 3-nays (Babcock, Schwanz, Leicht). Mayor Gottlieb broke the tie and voted no. Motion defeated. MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN VOIGT TO DIRECT THE CITY ATTORNEY TO DRAFT A MORE COMPREHENSIVE ORDINANCE REQUIRING THAT PROTECTIVE EQUIPMENT BE WORN BY PERSONS USING SKATEBOARDS OR PLAY VEHICLES AT THE SKATEBOARD FACILITY. 3 ayes, 3 nays (Leicht, Babcock and Schwanz) Mayor Gottlieb broke the tie and voted yes. Motion passed 4-3.

NEW BUSINESS-None

OTHER MATTERS AS ALLOWED BY LAW-Alderman Voigt-Received calls and concerns about the uncontrolled intersections at Lakeview and James and Lakeview and Antoine. This item will be reviewed by the Traffic Safety Committee. Alderman Babcock had a few complaints regarding the hours of operation of the new Fish Cleaning Station. To be open 24 hours a day is not good in a residential area. Regarding WE Energies agreement, the City has a win/win situation. Also Alderman Babcock commended the Mayor for the foundation fund that was established for this project. It has all kind of opportunities for the future. Alderman Hudson-Hats off to City staff and officials who worked so hard in negotiations with WE Energies. Alderman Jushka-Is the City still going to pick up leaves in the fall? City Administrator Grams indicated that there was some legislation regarding this issue, but it does not affect the city at this time. Alderman Leicht-Expressed concerns regarding the railroad crossing – it is not safe for two-wheel vehicles to navigate. Also, the bridge just before Moore Road has a rough beginning and ending. The lip of the road should be repaired.

PUBLIC COMMENTS/APPEARANCES-Lloyd Smith, 1312 W. Grand Ave.-Commend staff and Council on taking an intelligent turn in having outside professional help during negotiations with WE Energies for the power plant renovation. He is sorry that the City Attorney’s four words were not included in final approval of the Conditional Use Grant with WE Energies. In 1986 when he was a property owner on the West Slip, the parking lot to the east of his motel suffered a wash-out, which he believes was due to the water discharge from the power plant. He is concerned about liability for the city in the future.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO GO INTO CLOSED SESSION According to Wisconsin State Statute 19.85 (1) (c) to discuss Labor Negotiations. ROLL CALL: Voigt-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye and Leicht-aye. Motion carried unanimously. Open Meeting of the City Council adjourned at 9:00 p.m.

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Tuesday, September 3, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, and Karl Leicht. Absent and excused was Alderman Jushka. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-August 20, 2002

Consider Original Operator’s License Applications-Cari B. Kuehmichel

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

OFFICERS REPORTS

City Administrator Grams indicated that the League of Municipalities Conference would be held October 23-25, 2002 and anyone interested in attending should contact him.

Update on Projects-County Highway LL-Scheduled to start this week with paving to be completed by late October. Restoration work to be completed first week in November. Bill Goat Hill-Work is being done concurrently with County Highway LL Project.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. 2002 Water Financing Report-Alderman Hudson reviewed the report. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE THE 2002 WATER FINANCING REPORT AS SUBMITTED. Motion carried unanimously.

2. Resolution 2002-12 (Authorizing The Issuance And Sale Of Up To $1,737,295 Water System Revenue Bonds)-MOTION BY ALDERMAN HUDSON, SECOND BY ALERMAN LEICHT TO APPROVE RESOLUTION 2002-12. Motion carried unanimously.

3. Consider Financial Assistance Agreement Amendment No. 1 Between The City, State Department Of Administration And State DNR (Safe Drinking Water Loan Program)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE FINANCIAL ASSISTANCE AGREEMENT AMENDMENT NO. 1 BETWEEN THE CITY, STATE DEPARTMENT OF ADMINISTRATION AND STATE DNR (SAFE DRINKING WATER LOAN PROGRAM). Motion carried unanimously.

4. Consider Development Agreement Between The City And WE Energies-Tabled.

5. Ordinance 2002-10 (Amend City Code To Eliminate Permit Fee For Sidewalk Replacement) 1^st Reading-City Administrator Grams recommended that the last sentence in Section 1. be amended to read … with the assistance of a contractor.

BOARDS/COMMISSIONS

Plan Commission

1. Review Concept Plan For New Residential Development At Sauk Rd. And Highway 32 And Direct Staff To Negotiate A Pre-Annexation Agreement With Fiduciary Real Estate-City Planner Randy Tetzlaff indicated that a concept plan for the proposed residential development located at Highway 32 and Sauk Rd. has recently been endorsed by the Plan Commission. Representatives of Fiduciary Real Estate gave a presentation of their plans for a residential development at Highway 32 and Sauk Rd. A discussion followed. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN HUDSON TO DIRECT STAFF TO NEGOTIATE A PRE-ANNEXATION AGREEMENT WITH FIDUCIARY REAL ESTATE. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2002-9 (Prohibiting Motor Vehicles From Using Compression Brakes) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2002-9 AS AMENDED BY THE CITY ATTORNEY. Motion carried unanimously.

NEW BUSINESS

Consider Change Order For Fish Cleaning Station Project-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO APPROVE HIRING RAY STADLER CONSTRUCTION CO., INC. IN THE AMOUNT OF $1,093 TO ADD A CEILING TO THE FISH CLEANING STATION. Motion carried unanimously.

Consider Professional Services Agreement With Miller Engineering For Highway LL Project-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE HIRING MILLER ENGINEERING FOR THE SURVEY STAKING AND INSPECTION FOR THE HIGHWAY LL PROJECT. Motion carried unanimously.

Consider Professional Services Agreement With Bonestroo For The Wisconsin Street Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE HIRING BONESTROO AND ASSOCIATES FOR SURVEY STAKING AND INSPECTION WORK FOR THE WISCONSIN STREET PROJECT. Motion carried unanimously.

Consider Banner Request For United Way-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE THE BANNER REQUEST FOR UNITED WAY TO BE DISPLAYED ABOVE WISCONSIN STREET TO PROMOTE THE OPENING OF THE 2003 UNITED WAY CAMPAIGN. Motion carried unanimously.

Consider Landscaping Proposals For Fish Cleaning Station Project-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE HIRING MAYER AND ASSOCIATES FOR THE LANDSCAPING WORK AT THE FISH CLEANING STATION. Motion carried unanimously.

Ordinance 2002-11 (Amend Municipal Code To Require Bicyclists To Wear Helmets At Skateboard Or Recreational Areas) 1^st Reading-The City Attorney reviewed the proposed ordinance to require bicyclists to wear helmets at the skateboard park and other recreational areas and how this relates to recreational immunity for municipalities. Mayor Gottlieb indicated that this would be an extension of the existing bicycle ordinance, which would apply to people riding bicycles to that recreational area. The one distinction is that it applies to people riding bicycles, not skateboards. Alderman Leicht questioned the need for this ordinance.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Hudson-Thanks to Park & Rec for putting up benches at Hills School Park near the playground equipment.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO GO INTO CLOSED SESSION According to Wisconsin State Statute 19.85 (1) (c) to consider candidates for the Engineering Technician position and discuss Labor Negotiations. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; and Leicht-aye. Motion carried unanimously.

Reconvene Into Open Session-The Council reconvened into open session at 9:15 p.m.

Hiring Person For Engineering Technician Position-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALERMAN VOIGT TO HIRE ROSS KROEGER FOR THE POSITION OF ENGINEERING TECHNICIAN AT THE WAGE RATE OF $19 PER HOUR. Motion carried unanimously.

With no further business, MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:17 P.M. Motion carried unanimously.

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Tuesday, August 20, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-August 6, 2002, August 16, 2002

Consider Original Operator’s License Applications-Nathan Klement and Rhondalee M. Ranz

Consider Temporary Class "B" Retailer’s License (Picnic)-Ozaukee County Trades & Labor/Veterans Memorial Park/September 2, 2002 (Labor Day Celebration)

Consider Cabaret License-Ozaukee County Trades & Labor/Veterans Memorial Park/September 2, 2002 (Labor Day Celebration)

Consider Transfer of License From Place to Place-Beanies, Inc. (Matt Kanios) Transfer from 100 E. Grand Ave. to 102 E. Grand Ave.

Approve Closing A Portion Of Milwaukee St. For A Block Party, September 1, 2002, 4 PM to 11 PM

Approve Closing The 900 Block Of N. Grant St. For A Block Party On September 1, 2002, 1 PM To 8 PM

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

Appointment To Park And Recreation Board and Appointment To CDA-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE MAYOR’S APPOINTMENT OF SUSAN KINAS TO OTHE PARK & RECREATION BOARD AND MARY BECKER TO THE CDA. Motion carried unanimously.

OFFICERS REPORTS

Mid-Moraine Association Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Association Dinner Meeting would be held on Wednesday, August 28^th at the Belgium Community Center. The program will feature candidates for the two assembly districts.

Update On Projects-City Engineer Rob Vanden Noven reported on City projects-Fish Cleaning Station-the public rest rooms are going up quickly and should be operational next week. Maritime Dr.-retaining wall should be done by next week. Seven Hills Rd.-work is scheduled the week after Labor Day. Wisconsin Street Project-work will be going on concurrently with the Seven Hills Rd. Project.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. 2002 Budget Reductions-Alderman Hudson reported that because there were higher than anticipated health insurance claims and a lower investment income, the result is a $140,000 deficit in this year’s budget. The City Administrator has asked the department heads to come up with budget cuts to help correct this deficit. These budget reductions should not reduce City services to residents. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE 2002 BUDGET CUTS AS PROPOSED BY THE CITY ADMINISTRATOR. Motion carried unanimously.

2. Review Report From City’s Financial Consultant Regarding The Refinancing Of Debt-Alderman Hudson reported on the recommendations of our financial consultant, Mr. Ray Osness, of refinancing the Water Utility Debt, which will be replaced by the State Safe Drinking Water Loan agreement and also refinancing a balloon payment that is due in 2003 because of the low interest rates. No action is required at this time.

BOARDS/COMMISSIONS

Board of Public Works

1. Consider Change Orders For The Fish Cleaning Station Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE CHANGE ORDER #1 FOR MILLER ELECTRIC. Motion carried unanimously. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE CHANGE ORDER #1 FOR HAUCKE PLUMBING & HEATING. Motion carried unanimously.

2. Approve Additional Design Costs For Sewer & Water Utility Extension On Highway 32-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE THE ADDITIONAL DESIGN COSTS OF $1,476.41 FOR SEWER AND WATER UTILITY EXTENSION ON STH 32. Motion carried unanimously.

3. Consider Proposed Maintenance Program For Westside Water Tower-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE MAINTENANCE PROGRAM BY UTILITY SERVICE CO. FOR THE WESTSIDE WATER TOWER CONTINGENT UPON THE CITY ATTORNEY’S REVIEW OF THE CONTRACT.

4. Consider Change Orders No. 13 & 14 For Lift Station Project-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN HUDSON TO APPROVE CHANGE ORDER NO. 13 FOR THE LIFT STATION NO. 2 PROJECT. Motion carried unanimously. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN VOIGT TO APPROVE CHANGE ORDER NO. 14 FOR THE LIFT STATION NO. 2 PROJECT. Motion carried unanimously.

5. Approve Walk-A-Thon For October 5, 2002-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HUDSON TO APPROVE THE WALK-A-THON FOR ST. JOHN’S LUTHERAN ACADEMY FOR SATURDAY, OCTOBER 5, 2002 FROM 10 AM-1 PM. Motion carried unanimously.

Park & Recreation Board

6. Consider Revised Water Park Rental Fee Policy-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE REVISED WATER PARK RENTAL FEE POLICY AS RECOMMENDED BY THE PARK & RECREATION BOARD RETROACTIVE TO MAY 1^ST. Motion carried unanimously.

Plan Commission

7. Consider Conditional Use Grant For Shell Gas Station at 221 Seven Hills Road-Director of Planning & Development Randy Tetzlaff reviewed the conditions of the Conditional Use Grant Application for the Shell Convenience Center as recommended by the Plan Commission. Mr. Tetzlaff and Alderman Leicht indicated that the neighbors had concerns with the height of the fence to help block the view of Taco Bell and the Convenience Store buildings. The project architect was present and said that he had no problem with moving the fence back, re-working the grade and possibly adding a foot or two to the fence. After further discussion, MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CONDITIONAL USE GRANT APPLICATION FOR THE SHELL GAS STATION AT 221 SEVEN HILLS ROAD WITH CHANGES AS PROPOSED TO THE FENCE. Vote taken: 3 ayes, 4 nays (Hudson, Matthews, Leicht, Babcock) Motion failed. Alderman Hudson said that he had some concerns with the hours of operation, but his major concern with the project was the 24-hour gas pumps. MOTION BY ALDERMAN HUDSON, SECOND BY ALERMAN LEICHT TO APPROVE THE CONDITIONAL USE GRANT APPLICATION FOR THE SHELL GAS STATION AT 221 SEVEN HILLS ROAD WITH THE FENCE HEIGHT MODIFICATION AND GAS PUMPS TO CURTAIL OPERATIONS AT THE CLOSE OF THE CONVENIENCE STORE, WHICH IS 5:00 A.M. TO 10 P.M. SUNDAY-THURSDAY AND 5:00 A.M. TO MIDNIGHT ON FRIDAYS AND SATURDAYS. Motion carried unanimously.

8. Consider Final Condominium Plat For Lake Pointe Condominiums-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO APPROVE THE FINAL CONDOMINIUM PLAT FOR LAKE POINTE CONDOMINIUMS. Motion carried unanimously.

9. Mayor Gottlieb declared the public hearing open for a Conditional Use Grant Amendment for Cousin’s Subs to Permit Serving Food and Beverages Outdoors at 101 E. Grand Ave. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

10. Consider Amending Conditional Use Grant Application For Property At 101 E. Grand Ave.-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE AMENDING THE CONDITIONAL USE GRANT APPLICATION FOR 101 E. GRAND AVE. (COUSIN’S SUBMARINE SANDWICH SHOP) AS RECOMMENDED BY THE PLAN COMMISSION. Motion carried unanimously.

Police & Fire Commission

11. Ordinance 2002-9 (Prohibiting Motor Vehicles from Using Compression Brakes) 1^st Reading-The City Attorney reviewed his memo regarding the proposed ordinance prohibiting the use of air compression brakes on motor vehicles operating within the City limits. He indicated that the draft ordinance exempts fire trucks and fire equipment in all cases.

UNFINISHED BUSINESS

NEW BUSINESS

Consider Development Agreement Between the City and WE Energies-Tabled.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Voigt-Had trouble finding parking for the Friday night flick.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN VOIGT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:25 P.M. Motion carried unanimously.

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SPECIAL CITY COUNCIL MEETING

Friday, August 16, 2002

A special meeting of the Common Council was called to order at 4:15 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht.

Approve Closing A Portion Of Terrace Drive (North of Woodview Circle) For A Block Party, August 17^th, 3 PM to 10 PM-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE CLOSING A PORTION OF TERRACE DRIVE (NORTH OF WOODVIEW CIRCLE) FOR A BLOCK PARTY TO BE HELD ON SATURDAY, AUGUST 17^TH, 3 PM TO 10 PM. Motion carried unanimously.

With no further business, MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 4:16 PM. Motion carried unanimously.

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Tuesday, August 6, 2002

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: Acting City Attorney Brad Hoeft, City Administrator Mark Grams, City Engineer Rob Vanden Noven and Director of Planning & Development Randy Tetzlaff. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-July 2, 2002 and July 25, 2002

Consider Original Operator’s License Applications-Henry P. Bannon, David C. Purtell, Cara A. Callies, Elizabeth A. Heidtke, and Jason D. Quast

Consider Original "Class B" Tavern License-Beanies, Inc. (Matthew Kanios)/100 E. Grand Ave.

Consider Combination Class "A" License-Kuehmichel Enterprises, Inc. (Rhondalee Ranz) Port General Store/215 N. Franklin St.

Consider Closing A Portion Of Montgomery St. For An August 10^th Block Party

Consider Closing A Portion Of The 900 Block Of Benjamin Street For A Block Party On September 21, 2002

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

MAYOR’S BUSINESS

Recognition Of Eagle Scout Project-Mayor Gottlieb presented a plaque to Kevin Boehle in recognition of a bike rest shelter that he built for an Eagle Scout Project.

Appointment To Park And Recreation Board-Tabled

Appointment To CDA-Tabled

Accept Letter Of Intent From WE Energies-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE AND ACCEPT THE LETTER OF INTENT FROM WE ENERGIES. Motion carried unanimously.

OFFICERS REPORTS

City Hall Open House-City Administrator Grams reported that the City Hall Re-Dedication would be held on Saturday, August 10^th from 10:00 a.m. to 2:00 p.m. A ceremony will take place at 10:00 a.m. to place the time capsule behind the cornerstone.

Update On Projects-Director of Public Works Rob Vanden Noven reported that the LL & Wisconsin Street project is scheduled to begin the day after Labor Day. Maritime Dr.-Need to complete the vision triangle to open the road. This should be completed by the end of next week. Spring St.-The railings are back in place. Invitations were sent out for the general information meeting to take place during the Board of Public Works Meeting on Tuesday to discuss construction of sewer on Briarwood Lane.

PUBLIC COMMENTS/APPEARANCES-Jack Daehling, 542 Briarwood Lane-Had concerns about the proposed storm sewer project for Briarwood Lane. Notification should be given to everyone involved in the drainage district. Questioned why the water that has been flowing through this easement for years is being changed now? Harold Wedemeyer, 512 Briarwood Lane-Asked how the cost of this project is going to be assessed and how long it will take to complete?

COMMITTEES

Finance and License Committee

1. Review City Administrator’s 2003 Budget Memo-Alderman Hudson indicated that the Finance Committee would have a real challenge in the budget process this year. The City Administrator reviewed his memo indicating that the goals of the Finance Committee are to hold the City’s equalized tax rate increase to zero percent and to maintain eligibility for the State Expenditure Restraint Program. The biggest rate increase is in the area of health and dental insurance. The Finance Committee will be looking at several options for health insurance and wages in order to meet our 2002 equalized tax rate goal and eligibility for the State Expenditure Restraint Program.

2. Recommendation To Deny Claim Of Mr. Kenneth Bruner-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO DENY THE CLAIM OF MR. KENNETH BRUNER. Motion carried unanimously.

3. Recommendation To Deny Claim Of Mrs. Marie Heinen-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO DENY THE CLAIM OF MRS. MARIE HEINEN. Motion carried unanimously.

4. Recommendation To Deny Claim Of Mrs. Diana Miller-MOTIN BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO DENY THE CLAIM OF MRS. DIANA MILLER. Motion carried unanimously.

BOARDS/COMMISSIONS

Park & Recreation Board

1. Establish Hours For Skateboard Park-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2002-11 (DECLARING HOURS OF OPERATION FOR SKATEBOARD PARK). Motion carried unanimously.

Board of Public Works

2. Consider Change Orders No. 11 and No. 12 For Lift Station No. 2 Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE CHANGE ORDERS NO. 11 AND NO. 12 FOR THE LIFT STATION NO. 2 PROJECT. Motion carried unanimously.

3. Hire Firm To Remove Fuel Tanks At City Garage-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO HIRE NORTHERN ENVIRONMENTAL FOR $2,860.00 TO REMOVE FUEL TANKS AT THE CITY GARAGE. Motion carried unanimously.

Plan Commission

4. Consider CSM For City Property On N. Park St.-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CSM FOR THE CITY OWNED PROPERTY ON N. PARK STREET. Motion carried unanimously.

5. Consider Conditional Use Grant Application For Ray Flaherty, 925 S. Spring St.-Director of Planning & Development Randy Tetzlaff reviewed the conditions set by the Plan Commission for Precision Auto who is moving into the former Metro Auto Building. Because this property is located at an entrance point into the City, it is subject to the provisions of the Arterial Gateway Ordinance. MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CONDITIONAL USE GRANT APPLICATION FOR RAY FLAHERTY, 925 S. SPRING ST. AS PRESENTED. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2002-8 (Amend Various Building Permit Fees) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2002-8. Motion carried unanimously. Alderman Leicht commented that there should be a no charge permit to repair your own sidewalk. This item will be put on the next Finance Committee Agenda.

NEW BUSINESS

Consider Renewal Of Agreement With Army Corps Of Engineers-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN VOIGT TO APPROVE THE RENEWAL AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR CONNECTION INTO THE U.S. WEST BREAKWATER. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews-Had complaints from residents on W. Grand Avenue that the speakers at the swimming pool are too loud. Alderman Babcock-Commend the street crews for trimming the brush along the stairs by Sweet Cake Hill. They did a good job. Alderman Hudson-The grass needs to be trimmed in Bley Park Subdivision at the intersection of Martin Dr. and Hwy. 33 because there is a concern about limiting vision.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:15 P.M. Motion carried unanimously.

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SPECIAL CITY COUNCIL MEETING

Tuesday, July 25, 2002

A special meeting of the Common Council was called to order at 4:00 p.m. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Tom Hudson, Pete Jushka and Karl Leicht. Absent and excused was Alderman Babcock. Also present: City Administrator Mark Grams.

Approve Closing A Portion Of Franklin St. (Parking Spaces) For Maxwell Street Day, August 3^rd – MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE CLOSING A PORTION OF FRANKLIN ST. (PARKING SPACES) FROM 7:00 A.M. TO 4:30 P.M. FOR MAXWELL STREET DAY, AUGUST 3, 2002. Motion carried unanimously.

Approve Closing Woodview Circle For Block Party, July 27^th – MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE CLOSING WOODVIEW CIRCLE ON THE 27^TH OF JULY FOR A BLOCK PARTY FROM 3:00 P.M. TO 9:00 P.M. Motion carried unanimously.

Approve Original Operator’s License Applications – MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE ORIGINAL OPERATOR’S LICENSE APPLICATIONS FOR RICHARD L. DE MARIO, SCOTT P. MORGAN, ROXANNE G. FAY, JASON J. ERICKSON, JACK M. PRIDE, JR., RICHARD D. BROOKS, TRUDY EDLEBECK, LYNNE B. BANNON, MARK J. BANNON, JR., JOSHUA P. JORENBY, STEPHANIE J. MABRY, SHERRY A. SCHOLZ, BILLE JO ESSELMANN, AND ELIZABETH M. BANNON. Motion carried unanimously.

MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN JUSHKA TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 4:05 P.M. Motion carried unanimously.